NYC College of Technology Catalog

Notification Under FERPA of Student Rights Concerning Education Records and Directory Information

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. See Section 6 below to prevent the disclosure of directory information. The FERPA rights of students are:

1. The right to inspect and review your education records. Students may submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. If the records are not maintained by the NYCCT official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

All requests shall be granted or denied in writing within 45 days of receipt. If the request is granted, you will be notified of the time and place where the records may be inspected. If the request is denied or not responded to within 45 days, you may appeal to NYCCT’s FERPA appeals officer. Additional information regarding the appeal procedure will be provided to you if a request is denied.

2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.

You may ask NYCCT to amend a record that you believe is inaccurate or misleading. You should write to the NYCCT official responsible for the record, clearly identify the part of the record you want to be changed, and specify why it is inaccurate or misleading.

If NYCCT decides not to amend the record as requested by you, NYCCT will notify you of the decision and advise you of your right to a hearing before the NYCCT FERPA appeals officer regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when you are notified of your right to a hearing. The NYCCT FERPA appeals officer is Gillan Chan, who can be reached at 718.260.4983 or by email at gchan@citytech.cuny.edu.

3. The right to consent to the disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to college officials with legitimate educational interests.

A college official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position; a person or company with whom the University has contracted; a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another college official in performing his or her tasks.

A college official has a legitimate educational interest if access is reasonably necessary in order to perform his/her instructional, research, administrative, or other duties and responsibilities.

4. Upon request, NYCCT discloses educational records without consent to officials of another college or school in which a student seeks or intends to enroll.

You may appeal the alleged denials of FERPA rights to the: General Counsel and Vice Chancellor for Legal Affairs, The City University of New York, 205 East 400 Maryland Ave., SW, Washington, D.C. 20202-5920.

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by NYCCT to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:

Family Policy Compliance Office, U.S. Department of Education 600 Independence Avenue, SW Washington, DC 20202-4605.

6. NYCCT will make the following “directory information” concerning current and former students available to those parties having a legitimate educational interest in the information: name*, CUNY email address, enrollment status (full or part-time), degree(s) enrolled for, awarded, and date(s), major field of study, participation in officially recognized activities and sports, height and weight of athletic team members, and ID card. Students may prohibit the release of any of the items listed above (except those items with an “*”) by filing a form available in the registrar’s office and on the college website. It may be filed, withdrawn, or modified at any time.

Immunization Requirements

All immunization documents must be submitted to the Admissions Office in Namm Hall, room N/G 17. Students who do not submit proof of immunization against measles, mumps, and rubella will be prohibited from attending City Tech. Students who fail to submit the meningococcal meningitis response form within the statutory grace period will have a stop put on their record and may be prohibited from attending City Tech.

Measles, Mumps, and Rubella Requirements

New York State Public Health Law §2165 requires all college students born on or after January 1, 1957, and who are enrolling for six or more semester hours, to show proof of immunity against measles, mumps, and rubella in order to register for courses. For information regarding Veterans waivers, medical waivers/exemptions, and religious exemptions, call or visit the Admissions Office.

Students are required to submit a written record of two doses of live measles vaccine, one dose of live mumps vaccine, and one dose of rubella vaccine; or positive titer: a laboratory report of blood test indicating immunity to measles, mumps, and rubella.

Students who partially comply with the immunization requirements will be permitted to register for courses and have until the 30th day of the semester to submit the remaining requirements.

Meningococcal Meningitis Requirements

New York State Public Health Law §2167 requires all colleges and universities

to provide written information about meningococcal disease and vaccination to its students. The law does not require that students be immunized against meningitis. No student will be exempted from receiving information or returning the meningococcal meningitis response form.

Students enrolled for at least six semester hours or the equivalent per semester are required to complete, sign and return a meningococcal meningitis response form

by the 30th day of the semester that: (a) confirms that the college has provided the information about meningococcal meningitis; and (b) indicates that either: (1) the student has decided against receiving the vaccination, or (2) the student has received the meningococcal meningitis vaccination within the past 10 years.

To assist students with meeting the immunization requirements, we provide free on-campus immunizations and referrals to off-campus immunization clinics. For additional information, call or visit The Wellness Center, Pearl Building, room P 104 or at 718.260.5910.

Policy Statement on Information Disclosure

The following information (known as directory information) may be released to any persons within or outside the University without consent of the student:

• Name

• CUNY email address

• Enrollment Status (full or part-time)

• Degree(s) awarded and date(s) enrolled

• Major(s), minor(s) and field(s) of study

• Participation in officially recognized sports and activities

• Weight and height of members of athletic teams

• ID card photograph

If a student does not wish the above information released, he or she must notify the registrar in writing.

Any such written request will be honored by New York City College of Technology until a written directive to the contrary is received from the student.

Information other than the above items may be given to certain individuals and agencies outside the institution without the consent of the student. Records of the release of such information are maintained in the student folder. Instances of such release include:

• in response to a court order or subpoena,

• in response to an institution, agency or individual providing financial aid to the student for his or her education,

• to officials and/or representatives of educational accrediting agencies or other agencies specified within the act.

Release of other information to any other third parties is prohibited without the written consent of the student.

The director of admissions is the college official designated to disseminate information about admission to the college. The director of admissions can be contacted between 9:30 am and 4:30 pm Monday through Thursday, and until 3:00 pm on Friday at 718.260.5250.

The registrar is the college official designated to disseminate information about academic programs and the status of students at the college. The registrar can be contacted between 9:30 am and 4:30 pm Monday through Thursday, and until 3:00 pm on Friday at 718.260.5800.

A copy of the Request to Prevent Disclosure of Directory Information form is available online at http://www.citytech. cuny.edu/registrar/docs/prevent_disclosure_ directory.pdf.

Freedom of Information Law

Requests to inspect public records at the college should be made to the Records Access Officer, Gilen Chan, Special Counsel, who is located at Namm 325, at 300 Jay Street. She may be reached by telephone at 718.260.4983 or by email at gchan@citytech.cuny.edu.

Public records are available for inspection and copying by appointment only at a location to be designated. You have a right to appeal a denial of a request for access to records to the CUNY General Counsel and Senior Vice Chancellor for Legal Affairs. Copies of the CUNY Procedures for Public Access to Public Records Pursuant to Article 6 of the Public Officers Law and the appeal form are available at the reference desk of the college library and on the college website.

224-A of The NYS Education Law–Students Unable Because of Religious Beliefs to Attend Classes on Certain Days

• No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that he/she is unable, because of religious beliefs, to attend classes or to participate in any examination, study or requirements on a particular day or days.

• Any student in an institution of higher education who is unable, because of his/ her religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.

• It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school, because of his/her religious beliefs, an equivalent opportunity to make up any examination, study, or work requirements which he/she may have missed because of such absence on any particular day or days.

No fees of any kind shall be charged by the institution for making available to said student such equivalent opportunity.

• If classes, examinations, study or work requirements are held on Friday after 4:00 pm or on Saturday, similar or makeup classes, examinations, study or work requirements shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study, or work requirements held on other days.

• In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution

of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of his/her availing himself/herself of the provisions of this section.

• Any student who is aggrieved by the alleged failure of any faculty or administrative official(s) to comply in good faith with the provisions of this section shall be entitled

to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of his/her rights under this section.

• A copy of this section shall be published by each institution of higher education in the catalog of such institution containing the list of available courses.

As used in this section, the term institution of higher education shall mean schools under the control of the board of trustees of the State University of New York or of the board of trustees of The City University of New York or any community college.

The City University of New York–Student Complaint Procedure

PROCEDURES FOR HANDLING STUDENT COMPLAINTS ABOUT FACULTY CONDUCT IN ACADEMIC SETTINGS

Effective February 1, 2007

I. Introduction. The university and its colleges have a variety of procedures for dealing with student-related issues, including grade appeals, academic integrity violations, student discipline, disclosure of student records, student elections, sexual harassment complaints, disability accommodations, and discrimination. One area not generally covered by other procedures concerns student complaints about faculty conduct in the classroom or other formal academic settings. The University respects the academic freedom of the faculty and will not interfere with it as it relates to the content or style of teaching activities.

Indeed, academic freedom is and should be of paramount importance. At the same time, the University recognizes its responsibility to provide students with a procedure for addressing complaints about faculty treatment of students that are not protected by academic freedom and are not covered by other procedures.

Examples might include incompetent or inefficient service, neglect of duty, physical or mental incapacity, and conduct unbecoming a member of the staff.

I. Determination of Appropriate Procedure. If students have any questions about the applicable procedure to follow for a particular complaint, they should consult with the chief student affairs officer. In particular, the chief student affairs officer should advise a student if some other procedure is applicable to the type of complaint the student has.

II. Informal Resolution. Students are encouraged to attempt to resolve complaints informally with the faculty member or to seek the assistance of the department chairperson or campus ombudsman to facilitate an informal resolution.

III. Formal Complaint. If the student does not pursue informal resolution, or if informal resolution is unsuccessful, the student may file a written complaint with the department chairperson or, if the chairperson is the subject of the complaint, with the academic dean or a senior faculty member designated by the College president. (This person will be referred to below as the “Fact Finder.”)

a) The complaint shall be filed within 30 calendar days of the alleged conduct unless there is good cause shown for delay, including but not limited to delay caused by an attempt at informal resolution. The complaint shall be as specific as possible in describing the conduct complained of.

b) The Fact Finder shall promptly send a copy to the faculty member about whom the complaint is made, along with a letter stating that the filing of the complaint does not imply that any wrongdoing has occurred and that a faculty member must not retaliate in any way against a student for having made a complaint. If either the student or the faculty member has reason to believe that the department chairperson may be biased or otherwise unable to deal with the complaint in a fair and objective manner, he or she may submit to the academic dean or the senior faculty member designated by the college president a written request stating the reasons for that belief; if the request appears to have merit, that person may, in his or her sole discretion, replace the department chairperson as the FactFinder.

c) The Fact Finder shall meet with the complaining student and faculty member, either separately or together, to discuss the complaint and to try to resolve it. The Fact Finder may seek the assistance of the campus ombudsman or other appropriate person to facilitate an informal resolution.

d) If the resolution is not possible, and the Fact Finder concludes that the facts alleged by the student, taken as true and viewed in the light most favorable to the student, establish that the conduct complained of is clearly protected by academic freedom, he or she shall issue a written report dismissing the complaint and setting forth the reasons for dismissal and send a copy to the complaining student, the faculty member, the chief academic officer, and the chief student affairs officer.

Otherwise, the Fact Finder shall conduct an investigation. The Fact Finder shall separately interview the complaining student, the faculty member, and other persons with relevant knowledge and information and shall also consult with the chief student affairs officer and, if appropriate, the college ombudsman. The Fact Finder shall not reveal the identity of the complaining student and the faculty member to others except to the extent necessary to conduct the investigation. If the Fact Finder believes it would be helpful, he or she may meet again with the student and faculty member after completing the investigation in an effort to resolve the matter. The complaining student and the faculty member shall have the right to have a representative (including a union representative, student government representative, or attorney) present during the initial meeting, the interview, and any post-investigation meeting.

e) At the end of the investigation, the Fact Finder shall issue a written report setting forth his or her findings and recommendations, with particular focus on whether the conduct in question is protected by academic freedom, and send a copy to the complaining student, the faculty member, the chief academic officer, and the chief student affairs officer. In ordinary cases, it is expected that the investigation and written report should be completed within 30 calendar days of the date the complaint was filed.

V. Appeals Procedure. If either the student or the faculty member is not satisfied with the report of the Fact Finder, the student or faculty member may file a written appeal to the chief academic officer within 10 calendar days of receiving the report. The chief academic officer shall convene and serve as the chairperson of an Appeals Committee, which shall also include the chief student affairs officer, two faculty members elected annually by the faculty council or senate, and one student elected annually by the student senate. The Appeals Committee shall review the findings and recommendations of the report, with particular focus on whether the conduct in question is protected by academic freedom. The Appeals Committee shall not conduct a new factual investigation or overturn any factual findings contained in the report unless they are clearly erroneous. If the Appeals Committee decides to reverse the Fact Finder in a case where there has not been an investigation because the Fact Finder erroneously found that the alleged conduct was protected by academic freedom, it may remand to the Fact Finder for further proceedings. The committee shall issue a written decision within 20 calendar days of receiving the appeal. A copy of the decision shall be sent to the student, the faculty member, the department chairperson, and the president.

VI. Subsequent Action. Following the completion of these procedures, the appropriate college official shall decide the appropriate action, if any, to take. For example, the department chairperson may decide to place a report in the faculty member’s personnel file or the president may bring disciplinary charges against the faculty member. Disciplinary charges may also be brought in extremely serious cases even though the college has not completed the entire investigative process described above; in that case, the bringing of disciplinary charges shall automatically suspend that process. Any action taken by a college must comply with the bylaws of the University and the collective bargaining agreement between the University and the Professional Staff Congress.

VII. Campus Implementation. Each campus shall implement these procedures and shall distribute them widely to administrators, faculty members, and students and post them on the college website.

VIII. Board Review. During the spring 2009 semester, the Chancellery conducted a review of the experience of the colleges with these procedures, including consultation with administrators, faculty, and students, and reported the results of that review to the Board of Trustees, along with any recommended changes.

Campus Policy on Grade Appeals

Pursuant to the following procedure students have a right to complain concerning any incident, person, or policy which they feel impairs their educational pursuits at New York City College of Technology:

To appeal a final grade students should follow the procedure given in APPEALING A FINAL GRADE Click here. Concerns of an academic nature other than a grade appeal

(e.g., complaints against faculty) should first be brought to the attention of the instructor and then, if necessary, the department chair, the school dean, the dean of instruction, and the provost, in that order.

Complaints of a non-academic nature are recorded and processed for disposition in the Office of the Vice President for Enrollment and Student Services.